79R7986 UM-D

By:  Martinez                                                     H.B. No. 2967



A BILL TO BE ENTITLED

AN ACT

relating to the transportation of certain mental health patients.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 574.045(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The court may authorize, in the following order of 
priority, the transportation of a committed patient or a patient 
detained under Section 573.022 or 574.023 to the designated mental 
health facility by:
		(1)  a relative or other responsible person who has a 
proper interest in the patient's welfare and who receives no 
remuneration, except for actual and necessary expenses;
		(2)  the facility administrator of the designated 
mental health facility, unless [if] the administrator notifies the 
court that facility personnel are not available to transport the 
patient;
		(3)  [a special officer for mental health assignment 
certified under Section 1701.404, Occupations Code;
		[(4)]  a representative of the local mental health 
authority, who shall be reimbursed by the county;
		(4)  a special officer for mental health assignment 
certified under Section 1701.404, Occupations Code, who shall be 
reimbursed by the Department of State Health Services from money 
appropriated for that purpose, or if money is not appropriated for 
that purpose, as provided by Section 571.018; or
		(5)  the sheriff or constable, if no person is 
available under Subdivision (1), (2), (3), or (4), who shall be 
reimbursed by the Department of State Health Services from money 
appropriated for that purpose, or if money is not appropriated for 
that purpose, as provided by Section 571.018.
	SECTION 2.  This Act takes effect September 1, 2005.